The Association of American Universities (AAU) and the Council on Governmental Relations (COGR) submitted comments to the Department of Defense regarding proposed changes to regulations governing defense contracts, specifically focusing on the definition and treatment of fundamental research under the Defense Federal Acquisition Regulation Supplement (DFARS) clauses. The organizations express appreciation for previous Department responsiveness but raise concerns about recent DFARS revisions, which now broadly define “covered defense information” and state that fundamental research, by definition, cannot involve such information. The AAU and COGR argue that this definition is overly restrictive, as it may preclude research projects from being classified as fundamental research if any covered defense information is involved, even if such information is merely used as background or is not disseminated in research outputs.
They provide practical examples in which research projects receive limited exposure to controlled unclassified information (CUI), but the intent and result of the research is unrestricted dissemination, consistent with the traditional understanding of fundamental research. The letter argues that with proper handling and safeguarding of covered defense information, it is possible to protect sensitive inputs without unnecessarily restricting the publication of research results. The organizations recommend clarifying and amending the regulatory language to allow for thoughtful, case-by-case consideration of whether the mere presence of covered defense information should determine a project’s fundamental research status. They propose specific language changes and suggest that additional guidance be provided to ensure that important research is not unduly hindered by administrative interpretations, ultimately seeking to balance national security concerns with the need for regulatory efficiency and the open dissemination of scientific knowledge.
